Drugs and Cosmetics
Drugs and Cosmetics
The pandemic also saw a rise in the development of the pharmaceutical sector in India. With programmes like Pharma Vision 2020, which aims to make India the most desirable location for the creation of new drugs, it is obvious that the size of this industry will only increase.
To address medical conditions, people use drugs and cosmetics. The creation and approval of drugs for human consumption must therefore ensure that the drugs are of an acceptable quality and do not have any side effects. Additionally, medication costs must be kept under control to ensure that everyone has access to healthcare.
Grounds For Complaints
- If the drug or the cosmetic is adulterated
- if it consists of any filthy or decomposed substance
- if it is prepared packed or stored under insanitary condition
- if the container is composed of any poisonous substance or if it contains any harmful or toxic substances
- if it bears any colour for the purpose of colouring only, a colour which is not prescribed
- if it contains any harmful or toxic substances which is injurious to health
- if any substance is mixed so as to reduce its quality or strength.
2. If any side effects occur such as follows:
- Skin problems
- Use of few cosmetics may sometimes lead to cancer
- Hair fall
- Few Cosmetics are known to contain neurotoxin that can affect the nervous system leading to high blood-pressure, allergies, behavioral abnormalities and even decreased rates of fertility.
When Complaints Would Not be Accepted
There are various situations which might cause the complaint to be rejected. These include situations where the consumer is unable to file an appeal against an order within a period of three months, where the complaint is based on a frivolous cause of action, where the complaint falls outside the jurisdiction of the authority approached, and when the complaint has been filed under wrong sections of the act, and other such situations. This requires careful reading of all acts and regulations.
Complaint Redressal System
1. Approach the manufacturing company
The first step is to approach the manufacturing company through their customer care to register the grievance.
2. Approach the drug controller
The consumer can also approach the drug controller of the concerned state in case of a banned drug, side effects, adulteration- Read MoreState Drugs Helpdesk- helpdesk.statedrug@cdsco.nic.in
If not satisfied with the response, approach the Drug Controller General of India- Read More
3. Register complaint with CDSCO-
Click here
Telephone directory, CDSCO- Click here
4. Approaching any other appropriate judicial or quasi-judicial body:
The complainant is free to take the service provider to a court or any other suitable venue (judicial or quasi-judicial). The proceedings in consumer commissions are not mired by the niceties of procedure, allowing the complainant to file a complaint for himself. As a consumer, the aggrieved party can take the service provider to the appropriate consumer commission, based on the pecuniary and territorial jurisdiction. The jurisdictions of the various consumer commissions are as follows-
a) District Commission: The aggrieved consumer can reach out to the District Commission under section 34 of the CPA, 2019, which provides that the district commission shall entertain matters where the value of the goods or services paid as consideration does not exceed more than one crore rupees.
b) State Commission: In cases where the value of the goods or services paid as consideration is more than one crore, but less than 10 crores, the consumer can approach the State Commission. Moreover, in cases of unfair contracts, the State Commission has original jurisdiction and the consumer can be directly approached. An appeal against the order of the District Commission can also be made under section 47 of the CPA, 2019.
c) National Commission: The National Commission can entertain matters where the value of goods or services paid as consideration exceeds 10 crores. Section 58 also provides that complaints against unfair contracts can be entertained by NCDRC when the amount of value paid exceeds 10 crores. The NCDRC also has appellate jurisdiction against the orders of any State Commission and Central Authority. http://www.ncdrc.nic.in/districtlist.html
Moreover, it must also be kept in mind that section 100 of the CPA, 2019 provides that the remedy under CPA is in addition and not in derogation of other available remedies.
5. Central Consumer Protection Authority
If the commission finds violations of rights of consumers or in notice of trade practices which is unfair it can inquire or cause an inquiry, either on receipt of complaint or suo moto or as directed by Central Government. If the commission finds, after preliminary inquiry, of an existence of a prima facie case of consumer rights violation or it is in notice of any unfair trade practice or any wrong or inaccurate advertisement which is prejudicial to public interest or to the interests of the consumers,it can order an investigation by the District Collector or by Director General.
The consumer can complain to the District Collector of the respective district for investigation and subsequent proceedings by the CCPA. He/she/they can also submit a complaint via email, at com-ccpa@nic.in.
Regulatory Bodies
- Central Drugs Standard Control Organization (CDSCO) Directorate General of Health Services, Ministry of Health and Family Welfare, Government of India regulate the approval of any drugs in India.
- The National Pharmaceutical Pricing Authority is a government body that regulates the price of drugs in India.
Legislations
- The Drugs and Cosmetics Act, 1940 (As amended up to the 30th June, 2005)
- The Drugs and Cosmetics (Amendment) Act, 2008
- The Drugs and Cosmetics Rules, 1945 (As amended up to the 30th June, 2005)
- New Drugs and Clinical Trials Rules, 2019
- The Cosmetic Rules, 2020
Landmark Judgements
1. Dinesh B. Patel v. State of Gujarat
The drug manufactured was found to be defective and all the directors could be prosecuted for this. The High Court proceeded on the basis of specific language of Section 34(2) of the Drugs & Cosmetics Act, 1940 and proceeded to hold that the complaint filed against the directors could not be disposed of under Section 482 Cr.P.C. as it required appreciation of the facts on the basis of the evidence to be led before the Trial Court. The Supreme Court upheld this view.